President Meta has requested the Special Appeals Chamber to initiate disciplinary proceedings against Constitutional Court member Fiona Papajorgji and/or other members of the Constitutional Court regarding the decision on the June 30 elections.
In a lengthy elaboration of the arguments he provides to support his request, the head of state emphasizes that the judge in question or any other member of the Constitutional Court has committed serious ethical and professional violations that, according to him, undermine the image of the constitutional judge.
Meta's request concerns the decision taken by the Constitutional Court regarding the elections of June 30, 2019, where the Constitutional Court decided to reject the request of the Association of Municipalities to declare them unconstitutional.
Likewise, Meta's request states that the matter in question requires an in-depth disciplinary investigation regarding the decision-making of the Constitutional Court, which, according to the head of state, violates the principle of transparency of this institution.
"Referring to the documentation of the court file, it is completely unclear how this happened, and this fact in itself, which clearly violates the principle of transparency of the Constitutional Court, requires an in-depth disciplinary investigation by the proceeding body to reach an objective level of conclusions as to what was the involvement of the rapporteur or other members of the Constitutional Court in this violation of the procedure for making a decision by the Constitutional Court. From the disciplinary investigation that will be conducted by the Special Appeals Chamber, which will also have to include the provision of explanations by the constitutional judicial body, it may result that other members of the current Constitutional Court body are also involved in this serious violation of the law and ethics, which discredits the figure of the constitutional judge, but this will have to be clarified by the disciplinary investigation." – Meta's request to the KPA states.
The presidency further states that based on the evidence so far, well-founded suspicions fall on the rapporteur of the case, Judge Fiona Papajorgji.
"However, the suspicion based on and supported by the evidence we have at our disposal falls initially on the Rapporteur of the case, Judge Fiona Papajorgji, who is tasked with taking care of the file and the report and the full actions on it, but referring to the fact of being appointed as rapporteur without a draw; "her individual positions held by her initially in the panel, or later in the meeting of judges, in order not to review the most important issue of the country, create all reasonable doubt about her bias, in favor of the appointing body that elected her to this position (the Assembly of Albania) and the Council of Ministers, the majority of which is dominated by the political entity Socialist Party, which through its representatives in the CEC and through a resolution of the Assembly, carried out the local elections of June 30, 2019 without competition, without a presidential decree, and without alternatives, making possible the total capture through political appointments of the entire local government, both all Mayors and all members of Municipal Councils?" – the document continues.
In the request of the head of state to the KPA, several questions are raised regarding the conduct of Judge Papajorgji and other members of the court regarding the request of the Association of Municipalities for the June 30 elections.
"Another very important question that the Special Appeals Chamber must clarify through an in-depth disciplinary investigation and that must obtain explanations from Ms. Fiona Papajorgji and the entire constitutional judiciary is:
– Did Ms. Fiona Papajorgji or any other member of the judiciary participate and vote in the voting process of June 30, 2019?
– If so, were the judges who participated and voted on June 30, 2019, in a situation of incompatibility of the exercise of their functions that, according to Article 36, point 1/b, ç, obliged them to withdraw from examining this matter?
If a Constitutional Judge went and voted in the June 30, 2019 elections, how could he be an objective, impartial judge to review the unconstitutionality of this voting process?!” - it is said further.
According to President Meta's arguments, several violations were committed by Judge Fiona Papajorgji and the members of the Constitutional Court in the decision for the June 30 election.
"Referring to the above provisions, but also to the undeniable facts that are easily evidenced by the related practice, as made available by the Constitutional Court, a well-founded suspicion arises that in the examination of the request of the Association of Municipalities of Albania, finalized with Decision No. 36, dated 04.11.2021 of the Constitutional Court,
1) The procedural rules provided for by law for the assignment of the rapporteur of the case by lot have been indisputably avoided/violated, creating strong suspicions that the fate of this file was predetermined in favor of the appointing body and the representative majority that elected/appointed the constitutional judge rapporteur (JCR);
2) The rapporteur of the case, by not reflecting the decision-making process, both for the administration of the case without a draw, and for the construction of the questions addressed to the Venice Commission, has committed serious professional and ethical violations, which have favored some parties in the trial, and which have violated the rights of some other parties, actions which have discredited the position and figure of a judge of the Constitutional Court.
3) These actions of the rapporteur of the case create the idea that they were carried out not only for unfair benefits (in this case in the form of a return of the "reward" to the nominating body that elected him), but also caused considerable damage to the parties participating in the trial, who were denied the right to receive answers to the questions raised for the Venice Commission, with a direct impact on the way in which the Constitutional Court would subsequently guide the resolution of the case submitted to it for consideration. The failure to send the parties' questions to the Venice Commission, among other things, contradicts the interim decision of the Constitutional Court dated 23.6.2021.
4) These actions of the rapporteur of the case create reasonable suspicion that they were carried out under conditions of his incompatibility, and by presenting the facts in a distorted manner in the letter issued to the Venice Commission.
"The issue of the local government elections of June 30, 2019, was one of the most important issues of a constitutional nature and of high public interest, because it is directly related to the fulfillment and respect of the fundamental rights and freedoms of all citizens of the Republic of Albania for a transparent, independent and at the same time objective local government. While Albanian citizens were denied the right to have the foundation of this issue examined, causing the Constitutional Court to fail to fulfill its sublime mission, but with the decision taken, it left the situation without any solution, despite the requirements of the highest interest of the country.
In view of the above, referring to the transitional provision on the body that has the competence of disciplinary investigation of the Constitutional Court, as President of the Republic of Albania and representative of the unity of the people, when I ascertain that in this process not only the rights of the applicant, or other interested parties, have been violated, but also due to the constitutional importance of the institutions involved in this process and what they represent, it results that the fundamental rights of the citizens of the country have been violated, by the unprofessional manner of action of one or several constitutional judges, and for which as President of the Republic I have the obligation to make available to the Special Chamber of Appeal, the above facts and a copy of the documentation that I administer and that was forwarded to me by the Constitutional Court on this matter, with the request that the investigation and disciplinary proceedings against the Rapporteur of the case, Ms. Fiona Papajorgji, or for other members of this court who will be found involved in this illegal activity by the investigation and disciplinary proceedings that you will conduct." – the document is closed.
*Read President Meta's full request. Ketu
